Prayagraj : Taking serious note of the functioning of govt medical colleges and nursing colleges in Uttar Pradesh through a large number of contractual and ad hoc appointments, the Allahabad high court has directed the director general, medical education and training, UP, to file a personal affidavit apprising the court of the number of professor posts lying vacant in all medical colleges across the state.
The high court passed the order while expressing shock after being informed that more than 500 posts across the state are being filled on a contractual basis, while barely 2-3 per cent are occupied by regular appointees. The court was also told that nearly 25 per cent of institutions are being headed by officiating principals. Hearing a writ petition filed by Srinivasan Gandhi, principal-cum-professor of the Government College of Nursing, Badaun, the court directed that the case be listed on Oct 13 for further hearing. Through the present writ petition, the petitioner challenged the order dated June 3, 2025, by which his contractual appointment was cancelled on the ground that, under a govt order dated April 15, 2022, such contractual appointments cannot be extended beyond a period of three years. Counsel for the petitioner, while placing reliance on the Supreme Court’s judgment in Manish Gupta and Another vs President, Jan Bhagidari Samiti and Others (2022), submitted that an ad hoc employee cannot be replaced by another ad hoc employee and can be replaced only by a regularly selected candidate. as no ad hoc employee can be replaced by another ad hoc employee, the court observed: “There is no issue with the GO dated April 15, 2022, which acknowledges that a contractual appointment must not continue beyond a maximum period of three years While directing that the petitioner shall not be compelled to relinquish the post or be relieved. But at the same time, continuing the said ad hoc arrangement for a virtually indefinite period cannot be in the interest of justice or the medical institution itself, as the possibility of exploitation of such contractual employees cannot be ruled out. ” The court further noted that the Supreme Court, in Jaggo vs Union of India (2024 INSC 1034), had held that such a practice violates Article 14 (Right to Equality) of the Constitution of India. Taking serious note of its contents in an order dated Sept 22, the court observed: “What is more shocking is part three of the affidavit, which lists more than 500 postings on a contractual basis across Uttar Pradesh, while hardly 2 to 3 per cent of the said posts are reflected to be on a regular basis.
Stay updated with the latest Prayagraj news. Justice Siddharth Nandan also directed the DG to file details of the requisitions sent for filling professor posts in various medical colleges across the state. The affidavit must also include details of advertisements issued for filling the posts of professors in various medical colleges and their current status, the court directed. Besides, details of vacancies for which no advertisement has been issued despite requisitions being sent, along with the reasons for not advertising such vacancies, must also be filed, the court added. The court further directed the DG to mention in the affidavit whether the posts of principals, which are currently being held by officiating principals, have been advertised or not. Pursuant to the order, the director general filed an affidavit. Download the TOI App.
Earlier, on August 24, the court had directed the DG to file an affidavit explaining what arrangement was proposed after the termination of ad hoc appointments of principals in state medical and nursing colleges in Kanpur, Agra, Meerut, Jhansi, Gorakhpur, Prayagraj, Kannauj, Jalaun, Ambedkar Nagar, Azamgarh, Saharanpur, Banda and Badaun, pursuant to the government order dated April 15, 2022. In the same order, the court had also directed that a chart be filed showing the number of medical and nursing colleges functioning with heads of departments (HODs), medical superintendents or principals working on a contractual basis, along with details of vacancies that have not yet been notified for regular appointments.
Observing that there is a pathetic state of affairs regarding appointments in govt medical and nursing colleges, the high court issued an ad interim mandamus to the state govt to take up the Draft Rules, 2026, on priority to ensure that regular selections are made as expeditiously as possible.
“In view of the aforesaid, not taking judicial notice of the prevailing situation of continuing contractual employees, without there being any statutory framework for making appointments on a regular basis, will be against the spirit of the Constitution itself,” the court added.